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James Truman v. James LeBlanc
690 F. App'x 878
| 5th Cir. | 2017
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Docket

*1 Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM: [*]

James Bernard Truman, Louisiana prisoner # 291926, appeals the dismissal with prejudice of his 42 U.S.C. § 1983 claims relating to the Avoyelles Parish Correctional Center for failure to state a claim pursuant to 28 U.S.C. § 1915A and the dismissal without prejudice of his claims relating to the *2 Case: 16-30488 Document: 00514038026 Page: 2 Date Filed: 06/19/2017

No. 16-30488

Louisiana State Penitentiary at Angola and the 19th Judicial District Court based on improper venue. Truman’s claims regarding retaliation, denial of due process during his prison disciplinary proceeding, denial of his right of access to the courts, and the district court’s venue determination were either not briefed at all or not adequately briefed. Thus, they are deemed abandoned. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cty. Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987).

Truman has failed to show that his appeal involves “legal points arguable on their merits (and therefore not frivolous).” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citations omitted). His appeal is therefore dismissed as frivolous. See 5 TH C IR . R. 42.2. The dismissal of this appeal counts as a strike under 28 U.S.C. § 1915(g). Adepegba v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996).

APPEAL DISMISSED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: James Truman v. James LeBlanc
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 19, 2017
Citation: 690 F. App'x 878
Docket Number: 16-30488 Summary Calendar
Court Abbreviation: 5th Cir.
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